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Glenn Kirschner Profile picture
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8 Feb, 4 tweets, 1 min read
We really need to STOP calling what will kick off tomorrow an impeachment “trial.” It’s NOT a trial, & that term misleads & creates false expectations. One of the bedrock principles in an actual trial is that the jurors can have NO personal stake in the outcome or involvement ...
in the offense that is the subject of the trial. The senators are disqualified on both fronts - they ALL have a personal/political interest in the outcome of the case AND they were all personally involved in the matter being tried ...
The Senators are themselves victims of the insurrection, witnesses to the insurrection and/or, in some cases, potentially aiders and abettors to the insurrection. They could never in a million years serve as jurors in anything that could be called a “trial” as they are
squarely conflicted out. We should start referring to tomorrow’s proceedings as an impeachment confirmation hearing. The only question to be decided is, will the senators confirm that Trump should be held accountable for his conduct of inciting an insurrection.

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More from @glennkirschner2

Glenn Kirschner Profile picture
10 Oct 20
I think the Stone commutation should be challenged as the product of a criminal conspiracy. You can’t win the case you don’t bring. We made law in DC by bringing the fist case of urban warfare homicide liability for ALL participants in a gun battle committed in a manner that ...
endangered the lives of innocent bystanders. I was told it couldn’t be done because there was no precedent. We did it, and the DCCA sanctioned/adopted it as a lawful theory of homicide liability. I was told I could not try a killer in absentia from his hospital bed at the
United Medical Center after he starved himself into physical incapacitation such that he could not be transported to the courtroom to be present at the “commencement of his trial.” I was told it couldn’t be done because there is no precedent (indeed, there is contrary precedent).
Read 7 tweets
Glenn Kirschner Profile picture
29 Sep 20
Hey All. Have been listening to the audio of today's hearing in the Mike Flynn case. The first hour was Judge Sullivan presenting a thorough, compelling overview of the positions and arguments of the parties. He highlighted several times that the court is not supposed to be
a "rubber stamp" for a DOJ/prosecution motion to dismiss. The court has an important, albeit limited, role in guarding against government corruption of the criminal justice system, including politically motivated dismissals. Indeed, Judge Sullivan noted that the court has a role
in protecting the public interest. Although perhaps not 100% verbatim, Judge Sullivan noted that the judiciary has a substantial constitutional interest in maintaining the integrity of the rule of law and guarding against politically corrupt dismissals. He seemed troubled by the
Read 6 tweets
Glenn Kirschner Profile picture
19 Sep 20
Why has no one tried to put a stop to McConnell’s unconstitutional/illegal running of the Senate? He thwarts the will of the people by disallowing legislation to be debated. Regarding the Merrick Garland nomination, McConnell violated the constitutional “advice and consent”
requirement by refusing to allow a vote on President Obama’s SCOTUS nomination. Could the Obama administration have announced that, because McConnell violated the Constitution by refusing to hold a confirmation hearing, thereby wrongfully abdicating
the Senate’s “advice and consent” responsibilities, Judge Garland will take his position on the Supreme Court because Mitch McConnell’s refusal to hold a hearing is deemed a waiver of the Senate’s “advice and consent” responsibilities. What would have happened then?
Read 5 tweets
Glenn Kirschner Profile picture
9 Aug 20
Excerpt from "Justice in a Post-Trump World."

The Carnival Barker Who Would Be King:
The United States of American certainly isn’t the first country to see its government succumb to rampant corruption. We Americans tend to look back at Nazi Germany or apartheid South Africa
and say to ourselves, “that could never happen here.” And perhaps that’s true, at least partially. We have not rounded up, confined and exterminated millions of people. We have not wholly deprived people of their civil or human rights based on their race, ethnicity or religion
(at least not recently). No, ours is a uniquely American atrocity.
Our atrocity involves an all-consuming quest to acquire and retain power. It started with an unflinchingly amoral, failed businessman turned successful political conman. The carnival barker who would be king.
Read 6 tweets
Glenn Kirschner Profile picture
30 Jul 20
This is actually an important Q, IMO, Ryan. It sounds like the stuff of crime fiction novels or legal thriller movies, but ... I hope Biden’s transition team has serious discussions about the prospect of seeking an arrest warrant for Trump the minute Biden is sworn in.
Mueller gave us a blueprint for prosecuting Trump. There are several felony obstruction of justice crimes documented in Vol. II of the Mueller report. The evidence supporting those charges FAR EXCEEDS the probable cause showing necessary to obtain an arrest warrant.
IMO, any judge reviewing an affidavit in support of an arrest warrant for obstruction of justice that included the evidence in Vol. II would be obligated but their of office to order the issuance of an arrest warrant. Of course, there are so many other crimes that are similarly
Read 5 tweets
Glenn Kirschner Profile picture
23 Jul 20
Federal officers are entitled to protect federal properties. However, Trump is sending federal troops to a city or two at a time not to protect federal property but to instill fear, promote chaos & ratchet up civil unrest & disorder. This is a symbolic (and despotic) gesture.
Remember, there are not enough federal agents to be deployed nation wide. Not by a long shot. State Attorneys General should flood the courts, seeking restraining orders and injunctions against the federal agencies who are over-stepping their bounds by engaging in what are
exclusively state law enforcement efforts. We can’t rely on the federal government - with the current lawless attorney general - to obey the law, respect the sovereignty of the states or honor the 10th Amendment’s command that the rights of the federal government are few and
Read 4 tweets

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